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Mealey's Toxic Tort/Environmental - Volkswagen Agrees To Settle Claims Over 3.0L Vehicles With Defeat Device

SAN FRANCISCO - Volkswagen AG on Dec. 20 entered into an agreement with the U.S. Department of Justice, U.S. Environmental Protection agency and state of California in which it will pay $225 million on environmental projects designed to reduce emissions of nitrogen oxide and recall 83,000 3.0-liter diesel...

Mealey's Toxic Tort/Environmental - Judge Refuses To Reconsider Dismissal Of New Jersey Agency In Groundwater Case

TRENTON, N.J. - A federal judge in New Jersey on Dec. 20 refused to reconsider his previous ruling that dismissed the New Jersey Turnpike Authority (NJTA) from a lawsuit brought by environmental groups who had contended that the authority and the New Jersey Department of Transportation (NJDOT) were liable...

Mealey's Toxic Tort/Environmental - Glyphosate Injury Case Related To Monsanto's Roundup Moved To MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 21 transferred another glyphosate injury lawsuit to the multidistrict litigation in the U.S. District Court for the Northern District of California, adding another case in which the plaintiff alleges that his exposure to the Roundup...

Mealey's Toxic Tort/Environmental - Jury Awards $2M To Man Who Sued DuPont For Cancer Related To C8 Exposure

COLUMBUS, Ohio - A jury in Ohio on Dec. 21 awarded $2 million to a man who had sued E.I. du Pont de Nemours and Co. seeking damages for cancer he said he had developed as a result of exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation...

Mealey's Toxic Tort/Environmental - Flint, Mich., Residents: Agency Director Admitted Violations In Lead Water Crisis

DETROIT - Michigan residents who have sued Michigan Gov. Rick Snyder and other state officials for the lead-contaminated drinking water crisis in Flint, Mich., filed a brief on Dec. 21, arguing that the former director of the Michigan Department of Environmental Quality (MDEQ) "cannot seek refuge...

Mealey's Toxic Tort/Environmental - Judge Improperly Granted Judgment, Rejected Amendment, Woman Claims In Appeal

MADISON, Wis. - A judge erred both in rejecting a motion to amend or add findings to a ruling and in the original order granting judgment to an asbestos-insulation manufacturer after a bench trial, a woman claims in Dec. 19 filing with the Seventh Circuit U.S. Court of Appeals (Gary Souja, et al. v....

Mealey's Toxic Tort/Environmental - Judge: Vermont's Standard For Drinking Water Not 'Essential' To Contamination Case

RUTLAND, Vt. - A federal judge in Vermont on Dec. 28 denied a motion to dismiss a groundwater contamination lawsuit against a plastics manufacturer, ruling that a dispute over the state's groundwater contamination standards was not "essential" to the case (James D. Sullivan, et al. v. Saint...

Mealey's Toxic Tort/Environmental - New Jersey Panel Upholds Ruling Dismissing Suit Over Remediation Obligations

TRENTON, N.J. - A New Jersey appellate panel on Dec. 29 affirmed a chancery court judge's decision to dismiss a company's declaratory judgment suit against the New Jersey Department of Environmental Protection (NJDEP), finding that the plaintiff company is required to comply with the requirements...

Mealey's Toxic Tort/Environmental - Judge Erred When Dismissing Asarco's CERCLA Contribution Claim, 10th Circuit Says

DENVER - A federal judge in Utah erred when awarding summary judgment against Asarco LLC on its claim for contribution under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against Noranda Mining Inc., a 10th Circuit U.S. Court of Appeals panel ruled...

Mealey's Toxic Tort/Environmental - Federal Judge Finds Submarines' Construction Doesn't Warrant Maritime Law

WILMINGTON, Del. - Submarines under construction are not vessels under maritime law, a federal judge in Delaware held Dec. 30 in finding that Connecticut law applies to the asbestos case (Ralph Elliott Shaw and Joan Sanderson Shaw v. Andritz Inc., et al., No. 15-725, D. Del. 2016 U.S. Dist. LEXIS 180137...

Mealey's Toxic Tort/Environmental - Jury Awards $10.5M In Punitive Damages To Man Injured By C8 From DuPont Plant

COLUMBUS, Ohio - A jury in the U.S. District Court for the Southern District of Ohio on Jan. 5 awarded a man $10.5 million in punitive damages plus attorney fees against E.I. du Pont de Nemours and Co. for cancer he said he had developed as a result of exposure to perfluorooctanoic acid (known as C8...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Remands Tobacco Suit With Order To Reduce Damages

FORT LAUDERDALE, Fla. - A Florida appellate panel on Jan. 4 found that a trial court erred in not reducing the compensatory award by the comparative fault the jury found in an Engle progeny suit brought by a man whose wife died from lung cancer related to her smoking (R.J. Reynolds Tobacco Co. v. Jan...

Mealey's Toxic Tort/Environmental - New York Appeals Panel Affirms Public Vaping Ban In New York City

NEW YORK - A New York appellate panel on Jan. 3 affirmed the constitutionality of a ban on e-cigarettes or vaping devices in schools, restaurants and outdoor public spaces in New York City because the "one-subject rule" in the state's constitution does not apply to local laws (NYC CLASH...

Mealey's Toxic Tort/Environmental - 4th Circuit Affirms Ruling Finding Permit Does Not Shield Company From Liability

RICHMOND, Va. - A federal judge in West Virginia did not err when finding that a National Pollutant Discharge Elimination System (NPDES) permit issued to a mining company did not shield it from liability for violations of the Clean Water Act (CWA), a Fourth Circuit U.S. Court of Appeals panel ruled Jan...

Mealey's Toxic Tort/Environmental - Judge: Company Cannot Relitigate Allocation Of Natural Resource Damages

GREEN BAY, Wis. - A federal judge in Wisconsin on Jan. 3 granted the federal government's motion in limine to preclude a defendant company from arguing that allocations for natural resource damages in consent decrees between the government and parties that contributed to contamination at the Lower...

Mealey's Toxic Tort/Environmental - 5th Circuit: Bona Fide Payee Need Not Return Settlement Fund Payment

NEW ORLEANS - A company that received $20,000 from a claimant that received money from the Deepwater Horizon Economic and Property Damages Settlement to repay a loan does not need to return the money to the settlement fund, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 6, holding that the company...

Mealey's Toxic Tort/Environmental - Divided 6th Circuit Panel Reinstates Government's Suit Over Boiler Construction

DETROIT - A 2-1 panel of the Sixth Circuit U.S. Court of Appeals on Jan. 10 reinstated an enforcement action brought by the federal government against DTE Energy Co., finding that a federal judge in Michigan erred by failing to consider the panel's earlier ruling instructing it to consider whether...

Mealey's Toxic Tort/Environmental - Split 6th Circuit: Kentucky Never Adopted Every-Exposure Causation Theory

LOUISVILLE, Ky. - The state of Kentucky never clearly adopted the every-exposure asbestos causation theory, a divided Sixth Circuit U.S. Court of Appeals panel held Jan. 10 in affirming summary judgment for a joint compound maker (Carol Lee Stallings, et al. v. Georgia-Pacific Corp., et al., No. 15-6387...

Mealey's Toxic Tort/Environmental - Judge: Government Owes Oil Companies $99M For Breach Of Avgas Contracts

WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Jan. 6 ruled that the federal government owes more than $99 million to companies that it contracted with for the production of aviation fuel (avgas) during World War II, finding that all of the acid waste disposed of at a site in Fullerton, Calif...

Mealey's Toxic Tort/Environmental - Judge In DuPont C8 Case Rules Cancer Phobia Damages Valid; Some Experts Excluded

COLUMBUS, Ohio - The judge presiding over the multidistrict litigation against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on Jan. 10 issued a group of orders pertaining to punitive damages, damages related to cancer phobia and the...

Mealey's Toxic Tort/Environmental - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Denies Motion Seeking Exclusion Of Every-Exposure Testimony

NEW YORK - Experts in an asbestos case may make qualitative evaluations regarding exposure and need not precisely identify the quantity of exposure, a New York justice held in a Jan. 9 opinion denying defendants' wide-ranging motion (In re New York City Asbestos Litigation, Geraldine Andrews, et...

Mealey's Toxic Tort/Environmental - New York Court Finds Control Over Worksite, Reinstates Asbestos Verdict

NEW YORK - A power company's specification that contractors use asbestos and its ability to prevent the related injuries allow it to be held liable under New York Labor Law Section 200, a divided New York appellate court held Jan. 10 (Phyllis Brown, et al. v. A.O. Smith Water Products, et al., No...

Mealey's Toxic Tort/Environmental - EPA Proposes Ban On Trichloroethylene, Cites 'Unreasonable Risks' To Health

WASHINGTON, D.C. - The U.S. Environmental Protection Agency on Jan. 11 advertised in the Federal Register a proposed rule to prohibit the manufacture, import, processing and distribution of trichloroethylene (TCE), a volatile organic compound used in industrial and commercial processes, due to "unreasonable...

Mealey's Toxic Tort/Environmental - Judge Trims Claims From City's Suit Over Manufactured Gas Waste Contamination

CHICAGO - An Illinois city cannot seek civil penalties under the Resource Conservation and Recovery Act (RCRA) against two companies that owned a manufactured gas facility, a federal judge in Illinois ruled Jan. 17, holding that the city did not allege that the companies violated subchapter III of the...